Law Commons^™

The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings

Brooklyn Journal of International Law

Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to recruitment …

Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway

Brooklyn Journal of International Law

The corrupt occupation of Nagorno-Karabakh and its surrounding areas has resulted in displaced civilians, chaotic military violence, poor judicial law-making, and hostile international relations. Analyzing the international law of occupation’s purposes and its humanitarian requirements illustrates that there is a need for change. Set against the backdrop of Nagorno-Karabakh’s precarious situation, the international community should take this opportunity to reformulate the international law of occupation with sovereignty and humanitarian principles guiding the change. The effort could prevent another such “frozen conflict.”

The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii

Brooklyn Journal of International Law

The lecture was delivered on April 3, 2018 at Brooklyn Law School and was sponsored by the Dennis J. Block Center for the Study of International Business Law and the Brooklyn Journal of International Law.

Rethinking Isds, George Kahale Iii

Brooklyn Journal of International Law

The author is Chairman of Curtis, Mallet-Prevost, Colt & Mosle LLP and has acted as lead counsel for respondent states in many investor-state arbitrations, including several of the cases referred to herein. His article won the 2019 Burton Award for Distinguished Legal Writing.

Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil

Brooklyn Journal of International Law

The foreign investment regime governing the airline industry has been the subject matter of considerable debate. Our goal in this article is to supplement the literature by embarking on an analysis of the foreign investment regime in India and to cautiously suggest that India’s new regulatory reforms could be a harbinger for other states. A study of the foreign investment regime in the airline industry in India is both interesting and timely, for at least two reasons. First, India has nearly everything that bodes well for the growth of an aviation market, and it is one of the fastest growing …

Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes

Brooklyn Journal of International Law

In 2017, the Israeli occupation of the Palestinian territories reached a half-century in duration. This reignited a conversation amongst legal scholars. In articles and books, lawyers questioned the efficacy of occupation law. They asked whether it had become an anachronism. Across Israel and the Palestinian territories, those that directly invoke the law of occupation sought a more effective means of adapting the law to meet the exigencies of a fifty-year-old occupation. The accompanying debates recalled questions concerning the legal treatment of prolonged occupation. This article seeks to fundamentally alter the recurring discourse. Built around a detailed case study of Israel’s …

From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts

Brooklyn Journal of International Law

This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of public international …

Chancing The Arm To Save The Face: The Fight For Irish Gaelic Recognition And Ending The Stormont Deadlock, Samantha F. Sigelakis-Minski

Brooklyn Journal of International Law

Since January 2017, the Northern Irish government has been shut down, with both the Executive and Assembly collapsed and the two major political coalitions deadlocked. Since then, civil servants with no major decision-making power have largely run the government. One of the deadlock’s major battlegrounds is whether there should be legislation in Northern Ireland mandating that Gaeilge, or Irish Gaelic, be treated as a language of equal status to that of English. This Note explores this issue and argues that the right to equal language protections is founded in the right to one’s cultural identity, and as such should be …

Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer

Brooklyn Journal of International Law

The International Covenant on Civil and Political Rights (ICCPR) recognizes that although the right to freedom of expression is essential, it is not absolute. The ICCPR prohibits speech that incites to discrimination, hostility, or violence. The provision prohibiting such speech is important to protect individuals and communities. Yet, not all countries are adequately enforcing its mandate. Such countries are letting inciting speech spread and, in some instances, violence has ensued. Conversely, some countries are taking enforcement too far, using the criminalization of inciting speech as a tool to silence political dissent. In light of the divergent interpretations—each problematic in its …

Analyzing The Potential For Universal Disarmament Of Autonomous Weapons Systems Or How I Learned To Stop Working And Love The Killer Robot, Frank Nicholas Kelly

Brooklyn Journal of International Law

Lethal autonomous weapons systems (LAWS) have recently become the subject of debate among scholars, world leaders, nongovernmental organizations (NGOs), and the popular media. While the dangers of autonomous robotics have existed for decades in science fiction, technology has only recently made the implementation of robots capable of military combat a real possibility. With the advent of this technology, many government leaders, politicians, scientists, and business leaders are advancing the argument that just because autonomous weapons can exist does not mean they should. Some countries, however, have demonstrated a strong interest in the continued developing LAWS, making universal disarmament unlikely. This …

Restrictions Of The Rights Of Freedom Of Religions: Comparison Of Law Between Indonesia And Germany, A. A. A. Nanda Saraswati, Setiawan Wicaksono, Ranitya Ganindha, M. Choirul Hidayat

Indonesia Law Review

The rights of freedom of religion and beliefs are constitutionally guaranteed, both in Indonesia and Germany. However, the right of freedom of religion is not unlimited. This paper aims to identify and analyze (1) Why there is the right of freedom of religion is restricted, (2) What product of the law is that regulates restriction on the right of freedom of religion in Indonesia and Germany, and (3) What purpose do Indonesia and Germany have in restricting the right of freedom of religion? This paper uses a normative research method that references legislation and takes a historical and comparative approach. …

Indonesia And Its Reluctance To Ratify The United Nations Convention On Contracts For The International Sale Of Goods (Cisg), Surya Oktaviandra

Indonesia Law Review

There is still a huge debate on business policy in Indonesia pertaining the fact that the Government of Indonesia is still reluctance to ratify one of the important conventions for the business world namely CISG (Convention on Contracts for the International Sale of Goods). This paper attempts to discuss the issues which will deliver inter-disciplinary areas such as law, economics, and public policy. By analyzing this matter with a comprehensive measure, it will ensure an appropriate understanding and thus create more precise analysis to serve a contribution in suggesting solve-problem. Despite having its particular point of view, the author based …

Pengaruh Konstitusi Berketuhanan Dalam Praktik Ketatanegaraan (Perbandingan Antara Indonesia Dengan Berbagai Negara), Ghunarsa Sujatnika

Jurnal Hukum & Pembangunan

One debate that has been going on for a long time and has not yet been completed is related to the relationship between religion and the state. There are two general opinions on this matter, namely that which separates religion and state life and vice versa argues that religion is an integral part of the life of the state. One way to see how the relationship between God and religion and the state can be seen in the country's constitution, whether the constitution regulates "God" and religion or not. After that, it can be found how the influence of the …

Perbedaan Penerapan Derivative Action Di Indonesia Sebagai Negara Civil Law Dibandingkan Dengan Negara-Negara Penganut Sistem Hukum Common Law (Studi Putusan Perdata Nomor 02/Pdt.G/2010/Pn.Jkt.Sel), Shofia Shobah

Jurnal Hukum & Pembangunan

The protection of minority shareholders within the company is one importance thing given the likelihood of their rights being violated by the actions of the board of directors. In the concept of the company, shareholders are passive parties who do not participate in the management of the company, thus causing the shareholders vulnerable to deviations. The rights of the company's shareholders are very important for the concept of Corporate Governance. Shareholders are not corporate organs because the company's organs are General Meeting of Shareholders (GMS). The Board of Directors may decide to run the company as long as it does …

A Constitutional Hope: An Alternative Approach To The Right Of Privacy And Marijuana Laws Using Argentina As An Example, Kevin E. Szmuc

University of Miami International and Comparative Law Review

No abstract provided.

Crimes Against Humanity In Venezuela: Can The Icc Bring Justice To Venezuelan Victims?, Ayumary M. Fitzgerald

University of Miami International and Comparative Law Review

State parties to the Rome Statute submit to the jurisdiction of the International Criminal Court (ICC). This permanent and autonomous Court tries individuals for heinous international crimes, including crimes against humanity (CAH). Crimes such as murder, imprisonment, or torture, when committed as part of a widespread or systematic attack directed against a civilian population, with knowledge of the attack, are known as CAH. Under the Statute, national jurisdictions are primarily responsible for investigating and prosecuting those responsible for international crimes. So, before it can assert jurisdiction, the ICC must determine that a state party is unwilling or unable to prosecute …

The Best Interests Of The Child Or The State? The Rights Of The Child In Non-Lpr Cancellation Of Removal, Lizzie Bird

Master's Theses

This thesis argues that the United States is failing to fulfill its obligations under the Convention on the Rights of the Child (CRC) in its adjudication of the hardship standard in non-LPR cancellation of removal. It is well-documented that the current interpretation of the “exceptional and extremely unusual hardship” standard results in the separation of families and de facto deportation of children, many of whom are U.S. citizens. This thesis contends that this practice is not only unjust, but also unlawful.

First, it argues that the CRC in general and Article 3 (the “best interests” principle) in particular have risen …

Planning For Excellence: Insights From An International Review Of Regulators’ Strategic Plans, Adam M. Finkel, Daniel E. Walters, Angus Corbett

Pace Environmental Law Review

What constitutes regulatory excellence? Answering this question is an indispensable first step for any public regulatory agency that is measuring, striving towards, and, ultimately, achieving excellence. One useful way to answer this question would be to draw on the broader literature on regulatory design, enforcement, and management. But, perhaps a more authentic way would be to look at how regulators themselves define excellence. However, we actually know remarkably little about how the regulatory officials who are immersed in the task of regulation conceive of their own success.

In this Article, we investigate regulators’ definitions of regulatory excellence by drawing on …

Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018), Donald L. Beschle

Donald L. Beschle

The First Amendment begins with two references to the relationship between government and religion. The prohibition on establishment of religion and the guarantee of free exercise of religion, despite their obvious interaction, are generally regarded as separate clauses, and analyzed under tests developed under one or the other. The current state of Establishment Clause doctrine and Free Exercise doctrine is sharply contested and by no means clear. Supreme Court justices will usually classify a religious freedom case as either presenting non-establishment or free exercise issues. Having done so, they will apply the test framed for that clause. But does that …

Corporate Social Responsibility (Csr) In Islamic Banks In The Light Of Sharia: A Comparative Study Of Islamic And Western Perspectives In Saudi Arabia, Mohammed Abdullah Alshubrumi

SJD Dissertations

The focus of this study is the concept of corporate social responsibility (CSR), social justice and business ethics in relation to Sharia. The key role that Sharia plays in shaping CSR principles in business and society is explored and the related concepts of Ummah (Muslim community) and brotherhood in Islam are highlighted. In addition, Islamic social responsibility in both its mandatory (zakat) and voluntary (sadaqah, waqf, quard al-hassan) forms as practiced over centuries in Muslim society are considered. Further, the study provides significant insights into the Islamic transactions jurisprudence (fiqh al-mu'amalat).

Against …

An Empirical Study Of Workers' Demands Through Industrial Actions: A Comparative Analysis Of The United States, Germany And The People's Republic Of China Under The Bargaining Model, Xiaohan Sun

Maurer Theses and Dissertations

The Chinese traditional manufacturing industry used to rely on raw materials and low labor costs to achieve a competitive advantage, however, the Chinese lowest–cost labor market is no longer competitive and the Chinese manufacturing industry is not the strongest player in the high-tech area. The transition of manufacturing industry is confronted with difficulties and challenges.

From the prior research, one of the reasons over labor conflicts is the awareness of rights consciousness. Employment dispute cases have had a significant increase since 2008, and labor disputes gradually increased since the year 2014. Industrial actions, such as strikes and protests, became the …

Defining 'Diversity' In Corporate Governance: A Global Survey, Askhaya Kamalnath

Journal of Legislation

This Article explores the connotation of the term “diversity” in the corporate governance sphere and the utility of such a connotation. To explore what the term has come to mean, this Article conducts a comparative analysis of how the term is used in the corporate governance context in the U.S., U.K., Australia, Canada, India, and Malaysia. Based on this analysis, this Article argues that the push for “diversity” (in the way it has come to be understood) on company boards needs to be re-examined and recommends that the SEC needs to define the term in accordance with its policy goals.

Case Note: Case Of Araya V. Nevsun Resources Ltd In The Canadian Courts, Jolene Hansell

Genocide Studies and Prevention: An International Journal

No abstract provided.

Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer

Brooklyn Journal of International Law

For over twenty decades, Venezuelan political leaders have blatantly disregarded their citizens’ human rights, leading to the downfall of Venezuela’s economy and democratic institutions, including severe food and medicine shortages, as well as staggering inflation rates. As a result, Venezuela provides a unique affirmation of the Capabilities Approach introduced by Professor Amartya Sen, which focuses not only on the freedoms that individuals possess, but also on what individuals are capable of doing as possessors of these freedoms. This Note seeks to use Sen’s Capabilities Approach to understand the nature and scope of Venezuela’s multidimensional crisis, arguing that a Senian approach …

The Relevance Of Fatf's Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, Llerena Robles, Jose Carlos

Faculty Scholarly Works

More than two hundred countriesin the world have agreed to abide by the anti-money laundering ("AML") recommendations developed by the Financial Action Task Force ("FATF"), which is an intergovernmental organization. This Article focuses on the potential impact on the legal profession of FATF's fourth round of mutual evaluations. During these mutual evaluations, which currently are underway, FATF-affiliated countries examine each other's compliance with the FATF Recommendations and recommend follow-up action. This Article first presents the legal profession-related results from the completed Mutual Evaluation Reports. A number of these FATF Reports recommend changes that include requiring lawyers to report suspicious client …

Ike’S Constitutional Venturing: The Institutionalization Of The Cia, Covert Action, And American Interventionism, Jacob A. Bruggeman

Grand Valley Journal of History

U.S. covert action from the 1950s onward was shaped, in part, by the success a CIA-orchestrated coup d'état in which the United States deposed the popular Iranian nationalist Mohammed Mossadegh. Ordered by president Eisenhower, the coup in Iran set the precedent for utilizing covert action as a means of achieving State goals. In so doing, President Eisenhower overturned the precedent set by his immediate predecessor, President Truman: that is, the precedent of using the CIA in its intended function, gathering and evaluating intelligence. The coup, then, is an exemplary case of venture constitutionalism. Eisenhower, in ordering the coup, extended his …

Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, 7 J. Marshall Rev. Intell. Prop. L. 412 (2008), Peter K. Yu

Peter K. Yu

Commentators have attributed China’s piracy and counterfeiting problems to the lack of political will on the part of Chinese authorities. They have also cited the many political, social, economic, cultural, judicial, and technological problems that have arisen as a result of the country’s rapid economic transformation and accession to the WTO. This provocative essay advances a third explanation. It argues that the failure to resolve piracy and counterfeiting problems in China can be partly attributed to the lack of political will on the part of U.S. policymakers and the American public to put intellectual property protection at the very top …

The Confucian Challenge To Intellectual Property Reforms, Peter K. Yu

Peter K. Yu

Written for a special issue on intellectual property and culture, this essay examines the longstanding claim that culture presents a major barrier to intellectual property reforms. In the context of Asia -- China, in particular -- that claim invokes Confucianism, a non-Western culture, to account for the region's -- or the country's -- continued struggle with massive piracy and counterfeiting problems. The claim draws on a century-old tradition of condemning Confucianism for being antithetical to Western modernity.

The first half of this essay focuses on the Confucian challenge to intellectual property reforms in China. Drawing on the important distinction between …

From Pirates To Partners: Protecting Intellectual Property In China In The Twenty-First Century, Peter K. Yu

Peter K. Yu

During the late 1980s and early 1990s, the United States repeatedly threatened China with a series of economic sanctions, trade wars, non-renewal of most-favored-nation status, and opposition to entry into the World Trade Organization. Such threats eventually led to compromises by the Chinese government and the signing of intellectual property agreements in 1992, 1995, and 1996. Despite these agreements, intellectual property piracy remains rampant in China.

Although China initially had serious concerns about the United States's threats of trade sanctions, the constant use of such threats by the U.S. government has led China to change its reaction and approach. By …

Building The Ladder: Three Decades Of Development Of The Chinese Patent System, Peter K. Yu

Peter K. Yu

In the past three decades, China has been very successful in developing its patent system. In 2012, the country is among the top five countries filing patent applications through the Patent Cooperation Treaty, behind only the United States, Japan and Germany. Among all the applicants, ZTE Corp. and Huawei Technologies had the largest and fourth largest number of PCT applications, respectively. With significant backing from the Chinese government and the anticipated involvement of the world's largest public sector, China will likely catch up with the existing intellectual property powers more quickly than many have anticipated.

Written for a special issue …